ONYIA
V.
STATE

(2008) JELR 51074 (SC)    

Supreme Court  ·  SC. 232/2006 ·  5 Dec 2008 ·  Nigeria
 · 
Other Citations
Onyia v. State (2008) 18 NWLR (Pt. 1118) 142
CORAM
NIKI TOBI JSC (Presided) SUNDAY AKINOLA AKINTAN JSC WALTER SAMUEL NKANU ONNOGHEN JSC IBRAHIM TANKO MUHAMMAD JSC JAMES OGENYI OGEBE JSC (Read the Lead Judgment)
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counsel
english language
igbo language
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miscarriage of justice
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ogebe jsc
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ibo language
interpretation of the evidence of pw1
judgment of the court of appeal
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appellant made use
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applicable law
breach of the provisions of subsections
clear evidence
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court interpreter
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imo state
imo state high court
important consideration
interpretation of the evidence
language of the witnesses
learned attorney-general of abia state
learned counsel
record of appeal
record of the proceedings
records of the trial court
simple fact of the case

OGEBE JSC (Delivering the Lead Judgment): This is a further appeal to the Supreme Court by the appellant against the judgment of the Court of Appeal, Port Harcourt Division delivered on 7 December 2005 in which that court affirmed the conviction and sentence of death passed on the appellant by Imo State High Court sitting in Umuahia on 18 December 1987. The appellant was charged in High Court of Imo State with the murder of one Ugwuochi Amadiegwu, contrary to section 219(1) of the Criminal

Code, Cap. 30 of the Laws of Eastern Nigeria, 1963 applicable in Imo State. The simple fact of the case was that, the appellant on 18 December 1980 stabbed the deceased with a dagger resulting in his death. As the facts of the case are not in issue before this court, I shall not go into any more details. A The main complaint before this court is contained in the appellant’s brief on issue 1, which reads:

“Whether the non-interpretation of the evidence of PW1, PW2,

PW3, and PW4 rendered in Igbo, the t…

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